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ame Law 



of Missouri 



AS AMENDED 



BY THE 



46th General Assembly 







COMPLIMENTS OF 



JESSE A. TOLERTON 

STATE GAME AND FISH 
COMMISSIONER 



JEFFERSON CITY, MO. 



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ame Law of Missouri 



ARTICLE II— PRESERVATION OF FISH AND 
GAME. 

SECTION 

650S. Title to birds, fish and game in state. 

6509. Killing and transporting prohibited — game birds 

defined. 

6.510. Nests and eggs not to be destroyed. 

6511. Penalty. 

6512. Three preceding sections not to apply, when. 

6513. Certificates to be granted by game warden, when. 

6514. Expiration of certificates. 

6515. Certain birds not protected. 

6516. Periods certain birds may be killed — penalty. 

6517. Killing certain birds prohibited — penalty. 

651S. Aquatic birds not to be pursued, how — blinds pro- 
hibited — penalty — exception. 

6519. Devices, poisons, etc., prohibited — penalty. 

6520. Regulating killing of deer — penalty. 

6521. Regulating killing of squirrel, etc. — penalty. 

6522. Right to kill — numbfer — retain, what length of 

time. 

6523. Consignee to notify warden, when — penalty. 

6524. Game in close season — penalty. 

6525. Selling prohibited — penalty. 

6526. Cost of arrest, how taxed. 

6527. Liable for attempt — accessories liable. 
652S. Uefinition of terms — sufficiency of indictment. 

6529. Warrant, how served on corporation. 

6530. Imprisonment for failure to pay fine. 

6531. Liable for Vfildfire — penalty. 

6532. Failure of officer to perform duty — penalty. 

6533. Limitation of prosecution. 
653 4. Printing. 

6535. Obstructing free passage of flsh^penalty. 

6536. Contamination of streams — penalty. 

6537. Explosives prohibited — penalty. 

653S. Poison and explosives not to be used to kill fish. 

6539. Permit to keep explosives. 

6540. AflSdavit of persons keeping explosives. 
65 41. Permits, form of — to be registered. 

6542. Affidavit of person purchasing explosives. 

6543. Possession of explosives a misdemeanor, when. 
65 44. Permits to be delivered — fees. 

6545. Officers to enforce law — sections to be given in 

charge to grand juries. 

6546. Violation of law a felony — penalty. 

6547. Disposition of fines recovered. 

654S. LTse of nets or seines prohibited — penalty. 

6 5 49. Fishing near ladder or under ice prohibited — 
penalty. 

6550. Sale of certain fish prohibited. 

6551. Pearl fishing prohibited — what seasons. 



.SECTION 
»!o52. Owner of mill dams — duty to make flsh chute. 

6553. Game commissioner to prepare plan for fish chute. 

6554. Game commissioner to inspect dams. 

6555. Penalty for dam owner for failure to construct 

chute. 

6556. Corporation owning dam — who liable. 

6557. Governor to appoint game and fish commissioner — 

salary. 
655S. Game commissioner shall file statement, with 
whom. 

6559. Game commissioner shall give bond. 

6560. Game commissioner shall keep a seal. 

6561. Game commissioner shall make report to governor 

— when — what. 

6562. Duties of game commissioner. 

6563. Certain articles forfeited to state. 

6564. Game commissioner may examine packages — pen- 

alty for refusal to allow examination. 

6565. Commissioner may serve warrants — may arrest 

witliout warrant, when. 

6566. Commissioner may appoint deputies — compensa- 

tion. 

6567. Commissioner to publish and distribute laws re- 

lating to game. 
656S. Commissioner may issue permits, when — to whom. 

6569. Taxidermy — who shall engage in. 

6570. Commissioner may transmit specimens to other 

state wardens, when. 
S571. May remove fish, when. 

6572. Permits to be issued, when — fee. 

6573. Certain officers deputy wardens. 

6574. License to hunt. 

6575. License to nonresidents, how procured — must lieep 

record — license to residents, how procured. 

6576. Application of nonresidents must contain what — 

fee. 

657 7. Resident license, by whom issued — record kept — 
clerk's fee — monthly remittance and report — 
penalty. 

657S. Resident or state license, good where — qualifica- 
tions of applicant — fee — proviso. 

6579. Duties of license collector St. Louis city same as 
county clerk. 

65S0. License may be inspected, by whom — penalty for 
refusal. 

6581. Penalty for liunting without license. 

6582. Penalty for fraudulently procuring license. 

6583. Licenses distinguishable in color — distribvition of 

— annual return and report. 

6584. Schedule of game and open dates on back of 

license — licensee shall report to commissioner. 
C5S5. "Game protection fund," availability and restric- 
tions. 

6586. Trials, duty to report fines. 

6587. Penalties collected, liow disix)sed of. 

6588. State treasurer to make monthly report to com- 

missioner. 



SECTION 

6589. Shipping, owner to accompany game — penalty. 

6590. Transportation company must inquire for license 

before shipping. 

6591. Deer or elk may be shipped, when. 
4S93a. Trespass. 

Sec. 6508. Title to birds, fish and game in state. 

The ownership of and title to all birds, fish and 
game, whether resident, migratory or imported, in 
the state of Missottri, not now held by private 
ownership, legally acquired, is hereby declared to 
be in the state, and no fish, birds or game shall be 
caught, taken or killed in any manner or at any time, 
or had in possession, except the person so catching, 
taking, killing or having in possession shall consent 
that the title of said birds, fish and game shall be 
and remain in the state of Missouri, for the purpose 
of regulating and controlling the use and disposition 
of the same after such catching, taking or killing. 
The catching, taking, killing or having in possession 
of birds, fish or game at any tirrie, or in any manner, 
by any person, shall be deemed a consent of said 
person that the title of the state shall be and 
remain in the state, for the purpose of regulating 
the use and disposition of the same, and said pos- 
session shall be consent to such title in the state. 
(Laws 1909, p. 519.) 

Tlie absolute ownership of wild game is ve.sted in the 
people of the state. The legislature may make any restric- 
tions it may deem proper, or prohibit the killing of game 
entirely. State v. Heger, 194 Mo. 707 ; State v. Weber, 
205 Mo. 36. For a history of legislation on fish and game, 
and as to disposition of fines and penalties, see State ex 
rel. V. Warner, 197 Mo. 650. This statute includes fish 
artificially propagated and game raised in captivity. 
State V. Weber, 205 Mo. 36. But Sec. 6591 excepts ship- 
ment of elk and deer from private preserves. 

Sec. 6509. Killing and transporting prohibited — 
game birds defined. — Xo person shall, within the 
state of Missouri, kill or catch, or haVe in his pos- 
session, living or dead, any wild bird other than a 
game bird, or purchase, offer or expose for sale, 
transport or ship, within or without the state, anj^ 
such wild bird after it has been killed or caught, ex- 
cept as permitted by this article. No part of the 
plumage, skin or body of any bird protected by this 
section shall be sold or had in possession for sale, 
irrespective of whether said bird was captured or 
killed within or without the state. For the purpose 



of this article the following only shall be considered 
game birds: The anatidae, commonly known as 
swans, geese, brant, and river and sea ducks; the 
rallidae, commonly known as rails, coots, mud-hens 
and gallinules; the limicolae, commonly known as 
shore birds, plovers, surf-birds, snipe, woodcock, 
sandpipers, tattlers and curlews; the gallinae, com- 
monly known as wild turkeys, grouse, prairie chick- 
ens, pheasants, partridges and quails; the columbae, 
commonly known as doves and pigeons; all other 
species of birds, either resident, migratory or im- 
ported, shall be considered non-game birds. X'oth- 
ing in this article shall be construed to prevent the 
possession and sale of live canaries and parrots. 
(Laws 1909, p. 519.) 

Sec. 6510. Nests and eggs not to be destroyed. 
No person shall, within the state of Missouri, take 
or needlessly destroy the nest or the eggs of any 
wild bird, nor shall have such nest or eggs in pos- 
session except as permitted bj^ this article. (Laws 
1909, p. S19.) 

Sec. 651 1. Penalty. — Any person who violates 
any of the provisions of sections 6509 or 6510 shall 
be guilty of a misdemeanor, and shall be liable to ♦ 
a fine of twenty-five dollars for each ofifense, and an 
additional fine of five dollars for each bird, living or 
dead, or part of bird, or nest or egg possessed in . 
violation of this article. (Laws 1909, p. 519.) 

Sec. 6512. Three preceding sections not to ap- 
ply, when. — Sections 6509, 6510 and 6511. of this 
article shall not apply to any person holding a cer- 
tificate giving the right to take birds and their nests 
and eggs for scientific purposes, as provided for in 
section 6513. (Laws 1909. p. 519.) 

Sec. 6513. Certificates to be granted by game 
commissioner, when. — Certificates may be granted 
by the state' game and fish commissioner to anj' 
properly accredited person of the age of fifteen 
years or upwards, permitting the holder thereof to 
collect birds, their nests or eggs, for stricty scientific 
purposes only. In order to obtain such certificates, 
the applicant for the same must present to the state 
game and fish commissioner written testimonials 
from two well known ornithologists, certifying to 
the good character and fitness of said applicant to 
be intrusted with such privilege; must pay to the 



state game and fish commissioner two dollars to de- 
fray the necessary expenses attending the granting 
of such certificate. Certificates will become void 
upon proof that the holder of such certificate has 
killed any bird, or taken the nest of eggs of any 
kind, for other than the purposes named in sections 
6512 and 6513 of this article, and the holder shall be 
further subject for each ofifense to the penalties pro- 
vided therefor in section 65 11 of this article. (Laws 
1909, p. S19.) 

Sec. 6514. Expiration of certificates. — The cer- 
tificates authorized by section 6513 shall e.xpire on 
the 31st day of December of the year issued, and 
shall not be transferable. (Laws 1909, p. 519.) 

Sec, 6515. Certain birds not protected. — The 
English or European house sparrow, goshawk. 
Cooper's hawk, sharp shinned hawk, great horned 
owl, crow and crow blackbird (Bronzed Crackle), 
are not included among the birds protected by this 
article. (Laws 1909, p. 519.) 

Sec. 6516. Periods certain birds may be killed — 
penalty. — No person shall take, capture or kill, by 
any means whatever, any game birds except the 
following named game birds between the following 
dates: Wild turkey, November ist to December 31st 
of each year; quail (bobwhite, partridge), from No- 
vember 1st to December 31st of each year; ducks, 
geese and brant, January ist to April 30th and Sep- 
tember iSth to December 31st of each year; snipe, 
January ist to April 30th and September 15th to 
December 31st of each year; plover, September ist 
to December 31st of each year; doves, September 
1st to December 31st of each year. Any one who 
shall violate any of the provisions of this section 
shall, upon conviction thereof, be punished by a 
fine of not less than twenty-five dollars nor more 
than fifty dollars for each offense, and an additional 
fine of five dollars for each bird injured, killed or 
possessed. (Laws 1909, p. 519.) 

Sec. 6517. Killing certain birds prohibited — 
penalty. — Any person who shall take, capture or 
kill, except under permit, any woodcock, pinnated 
grouse (prairie chicken), ruffed grouse (pheasant), 
Mongolian, Chinese or English pheasant, or other 
resident, migratory or imported game bird except as 
provided in section 6516, shall he punished by a fine 



8 



of not less than twenty-five dollars nor niore than 
fifty dollars for each ofifense, and an additional fine 
of five dollars for each bird captured, killed or pos- 
sessed. (Laws 1909, p. 519.) 

Sec. 6518. Aquatic birds not to be pursued, how 
— blinds prohibited — penalty — exception. — Any per- 
son who, in the pursuit of any wild duck, goose, 
brant, or other aquatic bird, upon the waters of this 
state, shall use anj^ sneak boat, or any sail boat, or 
boat propelled by steam, naphtha, electric or other 
engine or machinery, or any battery, swivel gun or 
punt gun, or who shall kill or attempt to kill or 
pursue, while occupying or using any such boat, any 
wild geese, duck, brant, or other aquatic bird, or 
who shall construct or use, for the purpose of hunt- 
ing, upon the ice, any fixed or artificial blind or 
ambush, shall be punished by a fine of not less than 
ten dollars nor more than fifty dollars: Provided, 
hozvezrr, that it shall be lawful to shoot aquatic birds 
on the Missouri and IMississippi rivers from motor 
boats. (Laws 1909, p. 519.) 

Sec. 6519. Devices, poisons, etc., prohibited — 
penalty. — Xo person shall at any time make use of 
any pit, pitfall, deadfall, scafifold, cage, snare, trap, 
net, salt lick, baited hook, or any other similar de- 
vice, or any drug, poison, chemical or explosive, for 
the purpose of injuring, capturing or killing any 
birds or animals protected by the laws of this state, 
except as otherwise provided. No person shall pur- 
sue, catch, take or kill any birds, deer, wild turkey, 
wild ducks, wild geese, brant, or other aquatic bird 
or fowl, between sunset and the following sunrise. 
Any person violating any provision of this section 
shall be punished by a fine of not less than twenty- 
five dollars nor more than one hundred dollars, 
(Laws 1909, p. 519.) 

Sec. 6520. Regulating killing of deer — penalty. 
It is hereby declared unlawful to kill or attempt to 
kill any deer in the state of Missouri under one year 
of age. It is further declared unlawful to kill any 
deer of any age between the first day of January 
and the first daj' of November of each year, and for 
the purpose of preventing the extinction of the 
species it is hereby declared unlawful to kill any doe. 
It is further declared unlawful to make use of any 
artificial .light in hunting or killing deer; and the 



wearing or having such light on the head shall be 
prima facie evidence of the violation of this section. 
It is also declared unlawful for any person to 
wound, kill or capture any deer in the waters of the 
streams, ponds or lake's within the jurisdiction of 
this state, or to have in possession or transport at 
any time the carcass of any deer, or any portion of 
such carcass, unless the same has thereon the nat- 
ural evidence of its sex. Any person violating the 
provisions. of this section shall be punished by a fine 
of not less than twenty-five dollars nor more than 
one hundred dollars. (Laws 1909, p. 519.) 

Deer raised in captivity were held to be included in 
tlie corresponding section of tlie Laws of 1905, p. 15S. 
State v. Weber, 205 Mo. 36. See, also, Sec. 6591. 

Sec. 6521. Regulating killing of squirrel, etc. — 
penalty. — No person shall pursue, injure, capture, 
kill or destroy any gray squirrel, fox squirrel 
(American squirrel) or black squirrel only from July 
1st to December 21st. both inclusive; nor shall any 
person pursue, injure, capture, kill or destroy any 
such squirrels at any time in any public or private 
park. No person shall ca*ch, take or kill, or attempt 
to catch, take or kill, any otter, beaver or muskrat, 
between the first day of April and the first day of 
November: Provided, that any person may protect 
his premises from the ravages and depredation of 
animals named in this section at any time and in 
any way. Any person who shall violate any of the 
provisions of this section shall be punished by a fine 
of not less than five dollars nor more than twenty- 
five dollars. (Laws 1909, p. 519.) 

Sec. 6522. Right to kfll — number — retain, what 
length of time — penalty. — The right given bj^ this 
article to take or kill deer or birds, or to have in 
possession, unless otherwise specified, is limited to 
food purposes and to one deer, two turkeys and 
twenty-five birds of any other family for each person 
in any one calendar day, and no person shall take, 
kill or have in possession at any one time more than 
two deer, four turkeys and fifty birds of any other 
family. No birds, game or fish, protected by this 
article, shall be held in possession by any persen for 
more than five days after the close of the season 
for killing the same. Any person violating any of 
the provisions of this section shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, 
GL— 2 



shall be fined not less than twenty-five dollars nor 
more than fifty dollars. (Laws 1909, p. 519.) 

Sec. 6523. Consignee to notify commissioner, 
when — penalty. — Any persons, firm or corporation, 
to whom is consigned any birds, game or lish, the 
killing, sale or possession of which is at any time or 
at all times prohibited, shall, upon receipt of same, 
immediately notify the state game and fish commis- 
sioner, or any of his deputies, and safely keep such 
game, birds or fish in his possession or under con- 
trol, subject to the order of said game commissioner. 
Any person violating" any of the provisions of this 
section shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be fined not less than 
twenty-five dollars nor more than fifty dollars. 
(Laws 1909, p. 519.) 

Sec. 6524. Game in close season — penalty. — Any 
person who shall have in his possession or under 
his control any variety of fish, game or birds during 
the close season prescribed by law therefor, or any 
carcass or flesh thereof, except for scientific or prop- 
agating purposes, shall be punished by a fine of not 
less than fifty dollars nor more than one hundred 
dollars. (Laws 1909, p. 519.) 

Sec. 6525. Selling prohibited — penalty. — Any 
person, firm or corporation who shall at anj' time 
of the year barter, sell, or offer for sale, in this state, 
either under the name used in this article or under 
any other name or guise whatever, any animals or 
birds protected in this article, whether taken within 
or without this state, or lawfullj^ or unlawfully 
taken, shall be punished by a fine of not less than 
fifty dollars nor more than one hundred dollars, 
and an additional fine of five dollars for every bird 
or animal or part of every bird or animal sold or 
offered for sale. (Laws 1909, p. 519.) 

The provisions of this section are constitutional, and 
do not interfere with interstate commerce regulations. 
State V. Heger, 194 Mo. 707; State v. Weber. 20.5 Mo. a6. 

Sec. 6526. Cost of arrest, how taxed. — When an 
arrest for a violation of this article is made by any 
commissioner and the defendant is convicted, there 
shall be taxed as costs in favor of such commissioner 
making the arrest the same fees as a constable is 
entitled to in a case of misdemeanor, and, if col- 
lected from the defendant, shall be paid over to such 



a cnmniissiuncr, and shall be Iiis personal perqui- 
site, for which he need not account, but no fees 
shall be allowed in case of acquittal, nor shall any 
county or the city of St. Louis be liable for such fees 
in any event. (Laws 1909, p. 519.) 

Sec. 6527. Liable for attempt — accessories liable. 
An}' attempt to violate any provisions of this ar- 
ticle shall be punished to the same extent as an 
actual violation thereof. Any such attempt, or any 
violation by an agent, clerk, officer or employe, 
while acting for any other person, shall render such 
party liable also, and an accessory may in all cases 
be prosecuted and punished as a principal. (Laws 
1909, p. 519.) 

Sec. 6528. Definition of terms — sufficiency of 
indictment. — As used in this article, unless other- 
wise specifically restricted or enlarged, the words 
herein and hereof refer to the whole article; the 
words person, owner, proprietor, grantee, lessee or 
licensee include a firm, association, corporation or 
municipality; the word commissioner means the 
state game and fish commissioner or deputy com- 
missioner provided for herein; the word officer in- 
cludes every person authorized to enforce this ar- 
ticle; the words close season mean that season in 
which the birds, game or fish shall not be killed or 
possessed, and whenever the possession, use, im- 
portation, transportation, storage, taxidermy, sale, 
offering or exposing for sale of fish, game or birds 
is prohibited or restricted, the prohibition or re- 
striction shall extend to and include every part of 
such fish, game or bird, and a violation as to each 
individual animal, fish or bird, or part thereof, shall 
be a separate offense, and two or more ofiFenscs may 
be charged in the same complaint, information or in- 
dictment, and proof as to a part of a fish, bird or 
animal shall be sufficient to sustain a charge as to 
the whole of it; and violations as to any number of 
animals, fish or birds of the same kind may be 
charged in the same count and punished as a sepa- 
rate offense as to each animal, bird, fish or game. 
(Laws 1909, p. 519.) 

Sec. 6529. Warrant, how served on corporation. 
In case of a violation of this article by a corporation, 
the warrant of arrest may be read to tiie president, 
secretary or manager in this state, or any general 



or local agent thereof in the county where the ac- 
tion is pending, and upon the return of such war- 
rant so served, the corporation shall be deemed in 
court and subject to the jurisdiction thereof, and 
any fine imposed may be collected by execution 
against the property of such corporation, but this 
section shall not be deemed to exempt any agent 
or employe from prosecution. (Laws 1909, p. 519.) 
Sec. 6530. Imprisonment for failure to pay fine. 
Whenever, upon conviction, the person convicted 
fails to pay the fine and costs imposed upon him. 
he shall be committed to the jail of the county, or 
the city of St. Louis, or to some workhouse, and 
shall there be kept confined one day for each dollar 
of fine and costs adjudged against him, and he shall 
not be discharged or released therefrom by any 
board or officer, except upon payment of the por- 
tion of the fine and costs remaining unserved, or 
upon the order of the governor of this state. (Laws 
1909, p. 519.) 

Sec. 6531. Liable for wildfire — penalty. — No per- 
son shall set fire to any timber or grass on land be- 
longing to this state or to the United States, or set 
fire to any place where it is liable to spread to such 
timber or grass, nor abandon any camp fire unex- 
tinguished. Any person violating any of the pro- 
visions of this section shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined 
not less than twenty-five dollars nor more than two 
hundred dollars. (Laws 1909, p. 519.) 

Sec. 6532. Failure of officer to perform duty — 
penalty. — Any official, officer or commissioner who 
shall fail to perform any act, dutj' or obligation en- 
joined upon him by the game and fish laws shall be 
guilty of misdemeanor, and shall be punished by a 
fine of not less than one hundred dollars nor more 
than five hundred dollars and costs of prosecution. 
(Laws 1909, p. 519.) 

Sec. 6533. Limitation of prosecution. — Prosecu- 
tions under this article may be commenced within 
one year from date of violation of any provision 
of this article, either b}' indictment, complaint or in- 
formation. (Laws 1909, p. 519.) 

Sec. 6534. Printing. — The blanks and other 
printing necessary to carry out the provisions of 
this article shall be printed under the direction of 



1.3 



the commissioners of public printing in the form to 
be prescribed by the state game and fish commis- 
sioner, to be paid for in like manner and upon the 
same terms as other public printing. (Laws 1909, 
P- 519.) 

Sec. 6535. Obstructing free passage of fish — 
penalty. — It shall be unlawful for any person or per- 
sons to place, or cause to be placed or erected, any 
seine, screen, net, weir, lish dam or other obstruc- 
tion in or across any of the waters, rivers, creeks, 
ponds, streams, sloughs or other water course with- 
in the jurisdiction of this state in such a manner as 
will obstruct the free passage of fish up and down 
and through such water or water courses. Any per- 
son violating any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and be 
fined, upon conviction, not less than fifty dollars 
nor more than two hundred dollars, and costs of 
prosecution. (Laws 1909, p. 519.) 

See Sec. 54 S2 and note.s. 

Sec. 6536. Contamination of streams — penalty. 
It shall be unlawful for any person or persons, firm 
or corporation to cause any dye stuff, coal tar, oil, 
sawdust, poison or deleterious substances to be 
thrown, run or drained into any of the waters of 
this state in quantities sufficient to injure, stupefy 
or kill fish which may inhabit the same at or below 
the point where any such substances are discharged 
or caused to fiow or be thrown into such waters: 
Provided, that it shall not be any violation of this 
section for any person, firm or corporation engaged 
in any mining industry to cause any water handled 
or used in any branch of such industry to be dis- 
charged on the surface or land where such industry 
or branch thereof is being carried on. Any person 
or persons, firm or corporation offending against 
ai>y of the provisions of this section shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall 
be fined not less than two hundred dollars nor more 
than five hundred dollars for each offense. (Laws 
1909, p. 519.) 

See State v. Light etc. Co., 212 Mo. 101, holding that 
a section with the provisions contained in tliis section 
would be valid. 

Sec. 6537. Explosives prohibited — penalty. — The 

use of dynamite or explosives in any of the waters 
of this state is prohibited except by the special per- 



14 



mission and under the supervision of the state game 
and fish commissioner, and then only for mining or 
mechanical purposes, or to recover the bodies of 
persons. Any person, firm or corporation ofifending 
against any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and, upon con- 
viction, shall be fined not less than fwa hundred 
dollars nor more than one thousand dollars for each 
ofifense. (Laws 1909, p. 519.) 

See Sec. 65 3 8 and notes. 

Sec. 6538. Poison and explosives not to be used 
to kill fish. — No person shall place or use in anj^ of 
the waters of this state any medicated drug, any 
cocculus indicus, or fish berry, or any other poison- 
ous thing or substance, calculated to poison, kill or 
injure any fish, nor shall by such means kill, catch 
or take any fish that may be in said waters, and no 
person shall place any dynamite, giant powder, 
nitroglycerine or any explosive substance of which 
nitroglycerine composes a part, or any other ex- 
plosive substance or preparation, in any of the 
waters of the state, whereby any llsh that may be in 
said waters may be killed, injured or destroyed, 
and no person shall by such means kill, catclv or 
take any fish from said waters. (R. S. 1899, § 7456.) 

This section and Sec. 6546 were not repealed by Sec. 
29, Laws 1905, p. 158, wliich was the same as Sec. 6537. 
They define different offenses with different punishments, 
and both are valid. State v. Hodges, 214 Mo. 376. See, 
al.so, State v. Light etc. Co., 212 Mo. 101 ; State v. Hodges, 
207 Mo. 517. 

Sec. 6539. Permit to keep explosives. — No per- 
son, corporation or joint-stock company shall have, 
retain or keep in his possession or under his or its 
control, nor sell, give away or in any manner or 
way dispose of dynamite, giant powder, nitroglyc- 
erine or any explosive substance of which nitro- 
glycerine composes a part, or any other explosive 
substance, except gunpowder and blasting powder 
for ordinary purposes, without first obtaining a 
permit authorizing the same from the clerk of the 
county court, or mayor of the city of St. Louis, in 
whichever county or city such applicant may de- 
sire to do such business, nor without first making 
and delivering the affidavit required by the next 
succeeding section of this article. ( R. S. 1899, § 
7457.) 



15 



Sec. 6540. Affidavit of persons keeping explo- 
sives. — Any person, corporation or joint-stock com- 
pany desiring to continue in or engage in the deal- 
ing or sale of any of the articles mentioned in the 
foregoing section, shall make the following affidavit 
before some officer authorized to administer oaths, 
to wit: 

"(A B), desiring to deal in (here name the articles or 
part of them described in the foregoing section), do sol- 
emnly swear that I will not use the same unlawfully, nor 
use it or any part thereof in catching or killing fish, nor 
permit any one in my employ so to do, if in my power to 
prevent it; that I will not sell, give away or in any way 
dispose of anj- of said articles, or part thereof, to any 
person until he or they shall deliver to me the affidavit 
I'equired to be made by purchasers as provided for by 
sections 6538 to 6547, Revised Statutes, 1909; which affi- 
davit of such purchaser I will file with the clerk of the 

county court of county (or with the mayor of the city 

of St. Louis), as required !)>■ said sections." 

(R. S. 1899, § 745S.) 

Sec. 6541. Permits, form of — to be registered. 

Any person desiring a permit to deal in any of the 
explosive articles described in this article may pre- 
sent to and file with the clerk of the county court 
of the county in which he desires to do such busi- 
ness, or if he desires to do such business in the city 
of St. Louis, then to the mayor thereof, an affidavit 
as required by the foregoing section, whereupon 
such clerk, or mayor, shall issue a permit to such 
person, or to his agent for him, in the words or to 
the eft'ect following: 

"State of , county of (or city of St. Loui.s). 

A B of , Missouri, is hereby permitted to deal in 

explosives at county, Missouri. AVitness my hand 

and setil, ftc. , date, etc." 

Such mayor or clerk shall keep a book in which 
shall be recorded a memorandum of all permits 
granted under this article, and of all affidavits filed 
with them under the provisions thereof, and shall 
also carefully preserve all such affidavits, free to 
the inspection of all citizens of this state: Provided, 
such affidavit required of corporations or joint-stock 
companies may be made and filed by any agent or 
officer thereof. (R. S. 1899, § 7459.) 

Sec. 6542. Affidavit of person purchasing ex- 
plosives. — Any person, corporation or joint-stock 
company desiring to procure for their own use any 
of the explosives described in this article, shall make 
an affidavit and deliver it to any one authorized 



i6 



under this article to deal in such articles, which afifi- 
davit shall be in the following form or to the effect 
following, to wit: 

"I (CD), desiring to procure from tlie follow- 
ing explosives, , to be used for lawful purposes, do 

solemnly swear that I will not use them, or any part 
thereof, for unlawful purposes, nor In catching nor killing 
fish in any of the waters of this state, nor permit them to 
be so used by others, if in my power to prevent it; that I 
will not sell or give away any of said articles, or permit 
any of said explosives to go from under my control to any 
other person." 

trovidcd, that such affidavit may be made by any 
agent of any corporation or joint-stock company, 
or officer thereof, in order to procure for its lawful 
use any of such articles; and such dealer selling or 
disposing of such articles shall, within five days, file 
such affidavit so delivered to him with the county 
clerk, or the mayor of St. Louis, if the purchase is 
made in that city. (R. S. 1899, § 7460.) 

Sec. 6543. Possession of explosives a misde- 
meanor, when. — Any person, corporation or joint- 
stock company not having obtained a permit as re- 
quired by this article, and all persons, corporaticjns 
or joint-stock companies not having made and de- 
livered the affidavit rec|uircd by this article, who 
shall have in their possession or under their control 
any of the explosive articles named in this article,' 
or who shall fail to file the affidavit required of 
purchasers of them, as required by this article, shall 
be deemed guilty of a misdemeanor, and on convic- 
tion, punished by a fine of not less than fifty dollars. 
(R. S. 1899, § 7461.) 

Sec. 6544. Permits to be delivered — fees. — Tt 
shall be the duty of the county clerks, and 'of the 
mayor of the city of St. Louis, to deliver to all per- 
sons permits who shall comply with the provisions 
of this article, and for the preparation of and attes- 
tation to affidavits and executing permits may 
charge and receive twenty-five cents each from the 
person to whom issued. (R. S. 1S99, § 7462.) 

Sec. 6545. Officers to enforce law — sections to 
be given in charge to grand juries. — It shall be the 
duty of all sheriffs and their deputies, constables 
and their deputies, and all prosecuting attorneys and 
their assistants, within their respective counties, and 
the city of St. Louis, to diligently aid in enforcing 
the provisions of all laws in relation to the protec- 



m 



17 



tion and preservation of fish in the waters of this 
state, and sections 6538 to 6547 of this article shall 
be given in special charge to the grand juries, by 
all courts having criminal jurisdiction, by indictment. 
(R. S. 1899, § 7463.) 

Sec. 6546. Violation of law a felony — penalty. 
Any person who shall violate any of the provisions 
of sections 6538 to 6545, inclusive, or fail to truth- 
fully observe the provisions and requirements of 
any affidavit made by him, under the provisions of 
said sections shall, on conviction, be adjudged guilty 
of a felony, and punished by imprisonment in the 
penitentiary for a term not exceeding two years, 
or by imprisonment in the county jail n,ot less than 
thirty days, or by line not less than one hundred 
dollars, or by both such fine and imprisonment. (R. 
S. 1899, § 7464.) 

Sec. 6547. Disposition of fines recovered. — One- 
half of all fines collected upon convictions under 
the provisions of sections 6538 to 6545, inclusive, 
shall be paid to the informer or prosecutor, and the 
other half paid into the county school fund, and all 
officers, their deputies and assistants, required by 
said sections to aid in their enforcement shall be 
considered informers and prosecutors in all cases 
where they shall originate prosecutions for any vio- 
lations of the provisions of said sections. (R. S. 
1899, § 7465-) 

Sec. 6548. Use of nets and seines prohibited — 
penalty. — It shall be unlawful for any person or per- 
sons to take, catch or kill any fish in any of the waters 
of this state by means of any seine, trammel net, gill 
net, fish trap or any other kind of net, trap, device 
or means other than by ordinary hook and line, gig 
spear and trotline; Provided, it shall be unlawful 
for any person to take, catch or kill more than fifty 
pounds of fish in any one day, with gig or spear, 
excepting in the Missouri or Mississippi rivers. This 
law shall not apply to ponds or reservoirs wholly 
on the premises belonging to any person using such 
devices. It shall also be unlawful for any person 
or persons to take, catch or kill any fish in any of 
the waters of this state by any means whatever dur- 
ing the month of May, except by ordinary hook and 
line or trotline. Seining shall be lawful and allowed 
in the Mississippi and Missouri rivers, but not with- 
in three hundred yards of the mouth of any stream 
GL— 3 



i8 



emptying into said rivers, during the months of 
January, February, March, July, August, September, 
October, November and December with seines, the 
meshes of which shall not be less than two inches 
square. Any person may use a small seine, not more 
than 20 feet in length and four feet in width, known 
as a minnow seine, for catching minnows to be used 
for bait only. Any person offending against the pro- 
visions of this section shall be guilty of a misde- 
meanor, and shall be subject to a fine of not less 
than fifty ($50.00) dollars nor more than two hun- 
dred ($200.00) dollars: Provided, the provisions of 
this article shall not apply to the netting, seining, 
or catching in any manner or the selling, buying or 
shipping of any fish of any description by a bona 
fide resident of this state whenever any such fish, 
so bought, sold or shipped, shall have been caught 
out of any pond or slough, which are of only tem- 
porary formation in their nature and caused wholly 
from overflowed waters. Provided, further, that any 
person or persons owning land along any unnaviga- 
ble stream, or by permission from said landowner, 
in this state, may take fish from such stream during 
the months of July, August and September, for his 
or their own consumption or table use, with com- 
mon two-inch mesh net seine: Provided, it shall be 
a misdemeanor to offer for sale fish so taken. (New 
section.) 

Approved March 27, 191 1. 

Sec. 6549. Fishing near ladder or under ice pro- 
hibited — penalty. — Tt is hereby declared unlawful to 
catch, take or kill any fish in any manner in the 
waters of this state within a distance of two hun- 
dred feet on cither side of any fish way or fish ladder 
erected or maintained in compliance with the laws 
of the state, or to take, catch or kill any fish in any 
manner in any water of this state upon the surface 
of which ice is frozen. Any person violating the 
provisions of this section shall, upon conviction, be 
fined not less than ten dollars nor more than fifty 
dollars. (I.aws 1909, p. 519.) 

Sec. 6550. Sale of certain fish prohibited. — It 
shall be unlawful to sell or offer for sale any of the 
following named fishes mentioned below which are 
less than the length specified for each: Trout, 
eight inches; pike, eleven inches; jack salmon, eleven 
inches; crappie, eight inches; bass, eleven inches. 



19 



Said fish to be measured from end of nose to fork 
of tail. (Laws 1909, p. 519.) 

Sec. 6551. Pearl fishing prohibited — what sea- 
sons. — It is hereby declared unlawful for any person 
to engage in what is commonly known as "pearl 
fishing" in any of the waters of this state at any 
time during the months of March, April, May and 
June. Any person violating the provisions of this 
section shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars for each 
offense. (Laws 1909, p. 519.) 

Sec. 6552. Owner of mill dams — duty to make 
fish chute. — It shall be the duty of the owners or 
occupants of any dam across any stream in this 
state, and the owner or occupant of any dam here- 
after constructed across any stream in this state, or 
the owner, occupant, firm, corporation, company, 
persons using such dam or dams, or enjoying the 
use of the same for any manufacturing purposes 
whatever, or for the purpose of furnishing water to 
propel any machinery, to cause to be erected in such 
dam or dams such permanent chutes or fish ladders, 
and of such construction and material as shall be 
prescribed by the state game and fish commissioner 
of this state, such chutes or fish ladders to be com- 
pleted and placed in all dams in existence at the date 
of the passage of this article on or before the first 
day of November, 1909, and all dams hereafter built 
shall be constructed with such chutes or fish ladders 
at the time of building of said dams. All such chutes 
or fish ladders shall be maintained and kept in good 
repair by the owners or occupants of such dam or 
dams or by the person using the water thereof, as 
aforesaid, during the whole time of the existence of 
said dam or dams; and they shall keep said chutes 
and fish ladders open for the free passage of fish 
during all the months of March, April, May and 
June of each year: Provided, that on all streams, 
where there is not a surplus of water for all legiti- 
mate purposes of the dam owner during the months 
of March, April, May and June, the said owner 
shall only be required to keep such chute open when 
there is waste water and to cause such waste water 
to pass through such chute suflficient to furnish free 
passage for fish up such stream. (Laws 1909, p. 
519.) 



Fish Ladder, or Chute, With Specifications 

jis Adopted for Use in Missouri Streams by Jesse A. tolerton^ 
State Game and Fish Commissioner, 

CRIB OR BULKHEAD. 

Construct of white oak, cypress, pine or other durable wood, 
2x12 "joist stuff." Mitre and bolt the corners thoroughly in 
order to resist the drift which might float down and strike bulk- 
head. Bolt the sides of bulkhead at the bottom at corners with 
strap irons, full length on sides, and nut and washer on under 
side of bottom. The top crib on top of bulkhead should project 
or stand out of the water at least two feet higher than the main 
chute. 

Fill the crib and bulkhead with heavy stone or concrete, 
sufficient in weight to anchor the chute firmly down to dam. 
Always recess the chute into dam, sufficient to let full current of 
water flow through the fish way at low water mark; the top of the 
chute must always be under water. 

If current is too strong to put chute in place, a temporary 
coffer dam of sand bags may be constructed in checking the flow 
of water until chute is in place and bulkhead weighted down. 
Sand bags should be removed when chute is completed. 

CHUTE OR RUNWAY. 

Construct the chute of two-inch material (white oak). Build 
first the chute from the crib, letting 2x12 bottom pieces extend 
through under bulkhead. In making joints see to it that they 
come on the arms. Bolt the 2x12 arms to Ijottom and top with 
two one-half inch bolts to each arm, letting them run clear 
through. Also use plenty of spikes in securing all parts together. 
The runway of the chute must extend to within two feet of the 
bottom of the river, and into the pool below the dam. It may 
be placed at either one side or in the center of the dam, but must 
be placed in the channel of the stream and where the greatest 
depth is always to be found. 

Cover the entire chute with two-inch white oak planks, 
leaving a two-inch space between the planks for the purpose of 
cleaning out the pockets. Use plenty of wire nails in the con- 
struction. Support the slanting chute from the bottom of the 
stream by knees or horses on proper and sufficiently strong sup- 
ports. The length of the chute is determined by the height of 
the dam, the fall being 4 feet to every one foot of height of the dam. 
In securing the chute to the horses or knees, place an iron band 
over the chute and extend down and bolt on to the upright sup- 
ports in order that the two will be securely made fast together. 

At the bottom of horses or supports find or form a solid 
bottom, and bolt firmly a cross arm from one to the other, ex- 
tending on either side about 2 feet in the clear of the runway, 
and on this arm secure by wiring sufficient weight to anchor and 
hold fast the lower end of chute to within 2 feet of bottom of 
stream during high or low water, so it will not be inclined to float. 
Keep both these lower and upper ends of the chutes always clear 
of debris for the free passage of fish. 

In connecting the slanting part of chute to the level part 
which lays in the dam, use strap irons bolted to each section 
securely, place one across each joint, on sides, top and bottom. 
Should dam be of such height as to need several sections, always 
put sufficient supports, well secured and bolted and weighted 
down. 

Estimated amount of material needed to construct a fish chute 
5 feet wide upon dam with 8 feet fall, the top of dam being 6 feet 
wide. It will be noted that 8 feet is far in excess of the height of 
most dams. 

9 — 2x12x8 bulkhead and crib sides 144 ft. 

5 — 2x12x12 bulkhead bottom and level chute 120 ft. 

10—2x12x16 chute bottom, 32-foot run 320 ft. 

5 — 2x12x16 chute sides, 32-foot run 160 ft. 

10—2x10x16 chute top, 32-foot run 268 ft. 

5 — 2x12x10 chute pockets or arms 100 ft. 

5 — 6x 6x16 knees or horses 240 ft., 

1 yard rock to weight bulkhead. 

3 strap bolts, 36 inches long, for bulkhead and crib. 
12 bolts, ixl2 inches for bulkhead. 

24 bolts, ixl6 inches for arms. 

25 pounds spikes. 

24 strap irons for joints in chute. Carpenter and dray. 



Sec. 6553. Game commissioner to prepare plan 
for fish chute. — It shall be the duty of the state 
game and fish commissioner of this state to procure 
a draft of a general plan on a scale of such con- 
struction as will in his opinion best subserve the 
free passage of large and small fish, both up and 
down the small streams at the dam, on which plan 
shall be designated the greatest allowable slope per 
foot run on said chutes or fish ladders when in 
place in the dam; also, the proper width and depth, 
together with such other details and specifications 
in respect to materials and construction, and connec- 
tion with the dam, as will enable an ordinary car- 
penter to properly construct and place the same. 
(Laws 1909, p. 519.) 

Sec. 6554. Game commissioner to inspect dams. 
The state game and fish commissioner is hereby 
made inspector of dams during his term of office, 
and it shall be his duty to cause to be constructed 
by the owner of said dam a fish chute or ladder as 
provided by the terms of this article, the expense 
thereof to be paid by the owner or occupant en- 
joying the use of said dam. It shall be the duty of 
the state game and fish commissioner to prosecute, 
in the name of the people, with the aid of the prose- 
cuting attorney of the county, in all cases where 
this law is not complied with. (Laws 1909, p. 519) 

Sec. 6555. Penalty for failure of dam owner to 
construct chute. — If the owner or occupant, or any 
firm, corporation, company, person or persons, using 
or enjoying the use of any dam or dams across any 
stream in this state which is now built, or which 
may be built hereafter, shall fail to comply with all 
the provisions of this article with respect to the con- 
struction and maintenance in good repair of such 
chutes and fish ladders in any such dam or dams, 
after having been notified in writing by the state 
game and fish commissioner to construct the same, 
he or they shall be guilty of a misdemeanor, and 
for each thirty days that such owner or occupant 
shall neglect or refuse to comply with all the pro- 
visions of this article applicable to him or them, he 
or they shall be punished by a fine of not less than 
one hundred dollars nor more than three hundred 
dollars. (Laws 1909, p. 519.) 

See Sec. 54S2 and notes. 



23 



Sec. 6556. Corporation owning dam — who 
liable. — In respect to the construction and main- 
tenance of fish chutes or fish ladders at dams owned 
by corporations, the duties and liabilities imposed 
l)y this article shall devolve and be imposed upon 
the president, secretary or manager in this state or 
any general or local agent thereof. (Laws 1909, p. 
SI 9-) 

Sec. 6557. Governor to appoint game and fish 
commissioner — salary. — It shall be the duty of the 
governor to appoint some person skilled in matters 
relating to birds, game and fish, a resident of this 
state, game and fish commissioner, who shall hold 
his office for a term of four years and until his 
successor has been appointed and qualified. He 
shall receive a salary of twenty-five hundred dollars 
per annum, payable monthly out of tlie game pro- 
tection fund, in the same manner as other state 
officers are paid. (Laws 1909, p. 519.) 

Sec. 6558. Game commissioner shall file state- 
ment, with whom. — The game and fish warden may 
provide and maintain a suitable office, and may 
maintain a clerk when necessary. At the end of 
each calendar month the said game and fish com- 
missioner shall file with the state auditor an itemized 
statement, under oath, of all sums of money actually 
and necessarily expended by him in the discharge of 
his official duties. Such statement shall include 
office rent, salary of one clerk at the rate of two 
and one-half dollars per day while said clerk is em- 
ployed, salaries and expenses of deputies while 
traveling under special orders, as hereinafter pro- 
vided, all necessary traveling expenses, postage, 
stationery, fuel and such incidental expenses as may 
be required. The state auditor shall draw his war- 
rant for such amount, which shall be paid monthly' 
out of the game fund. (I^avvs 1909, p. 519.) 

Sec. 6559. Game commissioner shall give bond. 
Before entering upon the discharge of his official 
duties the game and fish commissioner shall give 
bond in the sum of five thousand dollars to the state 
of Missouri, with two or more sureties, to the ac- 
ceptance of the secretary o£» state, conditioned that 
he will truly account for and apply all moneys which 
may come into his hands in his official capacity, and 
that he will failhfull}- perform the duties enjoined 



24 



upon him by law; and he shall take and subscribe 
the oath or afifirmation required by th.e Constitution 
of the state. (Laws igog, p. 5ig.) 

Sec. 6560. Game commissioner shall keep a seal. 
The game and fish commissioner shall keep a seal 
of office, which shall be used to authenticate all 
papers and documents issued and executed by him 
as such ofificer. (I^aws igog, p. Sig.) 

Sec. 6561. Game commissioner shall make re- 
port to governor — when — what. — In the month of 
January of each year the game and fish commis- 
sioner shall make a report to the governor, showing 
the official business transacted by him. Such report 
shall show the number of hunters' licenses issued, 
together with all fees proceeding therefrom. It 
shall show what moneys have been received by the 
game and fish department from other fees and other 
sources. It shall show the number of deputies em- 
ployed and shall give all necessary information con- 
cerning the affairs of the game and fish department, 
said report to be published in pamphlet form. (Laws 
igog, p. 5ig.) 

Sec. 6562. Duties of game commissioner. — It 
shall be the duty of the game and fish commissioner 
to enforce all laws now enacted and which may be 
hereafter enacted for the protection, preservation 
and propagation of the game animals, birds and fish 
of this state, and to prosecute, or cause to be prose- 
cuted, all persons who violate such laws. Said game 
and fish commissioner may make complaint and 
cause proceedings to be commenced against any 
person for the violation of such laws, and he shall 
not be obliged to furnish security for costs. Said 
game and fish commissioner shall at any and all 
times seize any and all birds, animals and fish which 
have been caught, taken or killed at a time, in a 
manner, or for a purpose, or had in possession, or 
which had been shipped, contrary to the laws of the 
state. (Laws igog, p. 5ig.) 

Sec. 6563. Certain articles forfeited to state.— 
The unlawful use of any articles contrary to the pro- 
visions of the game and fish law shall forfeit the 
same to the state, and upon their being found by 
law under any of the conditions prohibited by this 
article, shall be destroyed. (Laws igog, p. 5ig. ) 

Sec. 6564. Game commissioner may examine 



25 

packages — penalty for refusal to allow examination. 

All birds, animals or lish seized by the said game 
and fish commissioner shall 1)e donated to some 
charitable institution in the county where such seiz- 
ure was made. It is hereby made the duty of every 
warehouse, cold storage plant, merchant or common 
carrier, agent, servant or employe thereof, to per- 
mit the game and fish commissioner to examine any 
package in the possession of said warehouse, cold 
storage plant, merchant or common carrier, or 
agent, servant or employe thereof, which the said 
game and lish commissioner shall suspect or have 
reason to believe contains fish, birds or game pro- 
tected by the laws of the state, and not entitled un- 
der such law to be transported or had in possession, 
or when the said game and fish commissioner shall 
suspect or have reason to believe that the said pack- 
age is falsely labeled. Any person, firm or corpora- 
tion refusing the game and fish commissioner, oi 
any officer charged with the enforcement of the 
game and fish laws, permission to examine or open 
any such package or impede such action by the 
game and fish commissioner, shall be punished by a 
fine of not less than fifty dollars nor more than one 
hundred and fifty dollars. Said game and fish com- 
missioner shall not be liable for damages on account 
oi any search, examination or seizure made in ac- 
cordance -with the provisions of this article. (Law.-; 
1909, p. 519.) 

Sec. 6565. Commissioner may serve warrants — 
may arrest without warrant, when. — Said game and 
fish commissioner shall have the same power to 
serve criminal processes as sheriffs or marshals, and 
shall have the same right as sheriffs or marshals to 
recjuire aid in the execution of such process; said 
game and fish commissioner may arrest without 
warrant any person caught by him in the act of 
violating any of the laws of the state for the pro- 
tection or propagation of birds, game and fish, and 
take such person forthwith before a justice of the 
peace or any court having jurisdiction, v/ho shall 
proceed without delay to hear, try and determine 
the matter, the same as in other criminal cases. 
(Laws 1909, p. 519.) 

Sec. 6566. Commissioner may appoint deputies 
— compensation. — The game and fish commissioner 



26 



sliall have jxjwcr tf) appoint at any time one or 
more deputies from each congressional district, who 
sliall assist him in the discliarge of his duties, and 
said deputies shall have like power and authority 
herein provided for the game and fish commissioner; 
but such deputies shall be subject to the supervision 
and control of the game and fish commissioner and 
subject to removal by him. Such deputies shall each 
receive a per diem of three dollars for each day 
while under the direct orders of the state game and 
fish commissioner to perform services in the en- 
forcement of the fish, game and bird laws, and their 
actual necessary expenses incurred while working 
under the direction of the state game and fish com- 
missioner, which expenses shall be paid monthly 
upon vouchers verified under oath and approved by 
the state game and fish commissioner out of the 
game protection fund. (Laws 1909, p. 519.) 

Sec. 6567. Commissioner to publish and dis- 
tribute laws relating to game. — The state game and 
fish commissioner shall cause to be published in 
pamphlet form, for general distribution, the laws re- 
lating to game, birds and fish. (Laws 1909, p. 519.) 

Sec. 6568. Commissioner may issue permits, 
when — to whom. — The state game and fish commis- 
sioner may issue permits to any person to take, 
capture, -kill, transport within or without this state, 
or import into this state, any game, fish or bird 
mentioned in this article, at any time when satisfied 
such person desires the same exclusively as speci- 
mens or for scientific or propagating purposes. Such 
permit shall be in writing, and shall state the kind 
and number to be taken and the manner of taking, 
the name of the person to whom issued, if imported 
into this state, the name of the state or territory, 
the name of the person shipping such birds, fisli 
or game, and shall be signed by him; such permits 
shall not be transferable, nor shall it be lawful to 
sell or barter any of the birds, fish or game taken 
or imported under such permit for food purposes, 
and the holder of such permit shall be liable to the 
penalties provided in this article if he violates any 
of its provisions. Such pennits shall be issued upon 
payment of five dollars and shall expire December 
31st of the year issued. (Laws 1909, p. 519.) 

Sec. 6569. Taxidermy — who shall engage in. — 



It shall be lawful for any person in the state of 
INIissouri to engage in the art and business of taxi- 
dermy after first showing that he is skilled in such 
business and taking out a permit from the game and 
fish commissioner therefor, and it shall be lawful 
for any such licensee to receive from any person 
the carcass of any wild bird or game animal law- 
fully killed or any part thereof, to be mounted or 
preserved by the art of taxidermy, and to ship to 
any person the same, after being so mounted or 
preserved, by attaching to such shipment a tag, 
stating the name of the taxidermist and the number 
and date of his permit. It shall be lawful for any 
person in the state of Missouri, being a taxidermist, 
with permit and holding a permit for scientific col- 
lecting, to dispose of specimens for scientific and 
instructive purposes. The permit for the business 
of taxidermy shall be issued by the state game and 
fish commissioner upon the payment of one dollar, 
and such permit shall be good only during the 
calendar year of issue and shall not be transferable. 
(Laws 1909, p. 519.) 

Sec. 6570. Commissioner may transmit speci- 
mens to other state wardens, when. — The state game 
and fish commissioner may, upon application from 
the game and fish commissioner, or corresponding 
officer, of any other state or territory, procure and 
transmit to such officer live specimens of the game 
animals, birds or fi.s^h of this state, to be used for 
scientific or propagating purposes. (Laws 1909, p. 
519-) 

Sec. 6571. May remove fish, when. — The state 
game and fish commissioner may take at such time 
and in such manner from public waters of this state 
fish which, in his judgment, hinder or prevent the 
propagation of game or food fish, or when fish are 
in danger of perishing. Such removal shall be ef- 
fected by such means and under such regulations 
as the state game and fish commissioner may pro- 
vide. So much of such money realized from the 
sale of fish so removed may be used by the state 
.game and fish commissioner in continuing the work 
of removal, and all surplus money must be turned 
into the game protection fund. The Missouri fish 
commission may take or cause to be taken under the 
supervision of the state game and fish commissioner 



28 



any fish from public waters in any manner, at any 
time, for any purpose connected with the fish culture 
or with scientific observation. (Laws 1909. p. 519.) 

Sec. 6572. Permits to be issued, when — fee. — 
Upon the payment of two dollars, unless otherwise 
provided, to the state game and fish cominissioner, 
he is authorized to issue permits according to the 
provisions of this article. (Laws 1909, p. 519.) 

Sec. 6573. Certain officers deputy wardens. — 
All sherififs, deputy sheriffs, marshals, constables 
and other peace officers are hereby declared to be 
ex officio game and fish commissioners. (Laws 
1909, p. 519.) 

Sec. 6574. License to hunt. — U shall be unlaw- 
ful for any person, after the passage of this article, 
to hunt in this state without first obtaining a license 
permitting him or her to do so. Such license shall 
be dated when issued, and shall authorize the per- 
son named therein to hunt during the calendar year 
of issue, and then subject only to the regulations 
and restrictions provided by law. (Laws 1909, p. 
519-) 

Sec. 6575. License to nonresidents, how pro- 
cured — must keep record — license to residents, how 
procured. — The state game and fish commissioner 
shall issue licenses to nonresidents for hunting in 
the manner and imder the conditions hereinafter 
stated. All fees for such licenses shall be paid by 
the state game and fish commissioner to the secre- 
tary of state, and shall be by him paid to the state 
treasurer. The state game and fish commissioner 
shall procure the printing of all licenses for hunting, 
and a record of such licenses issued to nonresidents 
shall be kept in the office of the state game and fish 
commissioner. All hunting licenses shall be num- 
bered consecutively at the time they are ])rintcd. 
Resident licenses shall be furnished by the state 
game and fish commissioner to the clerks of the 
several counties and the Hcen.^e collector of the cit}' 
of St. Louis, who shall issue the same upon the 
terms and conditions herein provided. Not more 
than one license shall be issued to the same person 
in any one calendar year. (Laws 1909, p. 519.) 

Sec. 6576. Application of nonresidents must 
contain what — fee. — Any nonresident of this state 
may secure a license for hunting by filing his (or 



29 



her) affidavit with the state game and fish commis- 
sioner, stating his (or her) name, age, place of resi- 
dence, postoffice address, color of his (or her) hair 
and eyes, and the fact whether he (or she) can or 
cannot write his (or her) own name and paying to 
the state game and fish commissioner the sum of 
twenty-five dollars. (Laws 1909, p. 519.) 

Sec. 6577. Resident license, by whom issued — 
record kept — clerk's fee — monthly remittance and 
report — penalty. — County clerks and the license col- 
lector of the city of St. Louis shall issue resident 
licenses, under the seal of their office, to all persons 
complying with the provisions of this article, and 
shall sign the same, and before such license shall 
become operative, and before the licensee shall have 
the right thereunder to hunt, he shall sign his name, 
in ink, on the margin of the license paper. He shall 
keep a complete record of all licenses issued in a 
book, to be furnished by the state game and fish 
commissioner, which record shall remain in his 
office and be open to the inspection of the public at 
all times. Such clerk and the license collector of 
the city of St. Louis shall retain, out of the money 
received for each license issued, the sum of fifteen 
cents, which shall cover the swearing of the appli- 
cant to the affidavit herein referred to, and all other 
services under this article, and shall pay the balance 
to the state treasurer on the first day of each month, 
and report to the state game and fish commissioner 
the number of licenses issued and the amount of 
money remitted to the state treasurer on the first 
day of each month. Any person violating any of 
the provisions of this section shall be deemed guilty 
of a misdemeanor, and, upon conviction, be fined 
not less than twenty-five dollars nor more than one 
hundred dollars. (Laws 1909, p. 519.) 

See State v. Moody, 202 Mo. 12 0. 

Sec. 6578. Resident or state license, good where 
— qualifications of applicant — fee — proviso. — Resi- 
dent licenses shall be issued as county resident li- 
censes and state resident licenses. A county resi- 
dent license shall entitle the holder to hunt only in 
the county wherein such license is issued, and any 
adjoining county. A state resident license shall en- 
title the holder to hunt in all counties in the state 
of Missouri. Any person who has been a bona ^dc 



30 



resident of this state for six months last past maj'- 
secure a license for himself (or herself) by filing his 
(or her) affidavit with the clerk of the county where 
he (or she) resides, stating his (or her) age, name, 
place of residence, postoffice address, the color of 
his (or her) hair and eyes, and the fact whether he 
(or she) can or cannot write his (or her) name, 
paying to said clerk one dollar for a license to hunt 
in the county in which he resides and any county 
adjoining same, or five dollars for a state resident 
license: Provided, that this section shall not apply 
to owners and tenants of farm lands used exclusively 
for agricultural purposes, and members of their 
families under the age of twenty-one years, who 
may hunt on tlicir own or leased lands without ob- 
taining a hunting license. (Laws 1909, p. 519.) 
See Ex parte Helton, 11 7 A. 600. 

Sec. 6579. Duties of license collector St. Louis 
city same as county clerk. — For the purpose of carry- \ 
ing on the provisions of this article, the license col- '. 
lector of the city of St. Louis shall correspond to 
the county clerks of the various counties in this 
state. Such license collector sjiall be provided with 
the necessary license blanks and affidavit blanks and 
license record. He shall issue resident hunters' 
licenses and collect therefor the fee required in sec- 
tion 6578 of this article, and for each license issued 
such license collector shall retain from such money 
collected a fee of fifteen cents. He shall keep such 
records relating to licenses issued and make such 
reports to the state game and fish commissioner 
concerning the same as the provisions of this ar- 
ticle require of county clerks. (Laws 1909, p. 519.) 

Sec. 6580. License may be inspected, by whom 
— penalty for refusal. — It is hereby declared to be 
the duty of every person holding a hunter's license 
in the state to present the same for inspection by 
the game and fish commissioner or any of his depu- 
ties, or any other state officer, or any sheriff, mar- 
shal or constable. Any person holding such license 
and refusing to present the same when a proper de- 
mand is made therefor, shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be pun- 
ished by a fine of not less than ten dollars nor more 
than twenty-five dollars. (Laws 1909. P- SI9-) 

Sec. 6581. Penalty for hunting without license. 



31 



Any person who shall hunt in this state without 
being at the time of such hunting in possession of 
a license, as herein provided, duly issued to him 
(or her), which license shall cover the period in 
which he (or she) shall be hunting, or w^ho shall 
furnish to another person a license issued to him 
(or her), shall be fined not less than twenty-five 
dollars nor more than one hundred dollars and costs 
of prosecution. (Laws 1909, p. S19.) 

Sec. 6582. Penalty for fraudulently procuring 
license. — Any person who shall make to any person 
authorized to issue hunting licenses a false state- 
ment, or who shall change or alter in any manner 
a hunting license, shall be punished by a fine of 
not less than fifty dollars nor more than one hun- 
dred dollars and costs of prosecution. (Laws 1909, 
p. 519.) 

Sec. 6583. Licenses distinguishable in color — 
distribution of — annual return and report. — The li- 
censes for state residents and county residents and 
nonresidents shall be printed so different in color 
as to be easily distinguished. The state game and 
fish commissioner shall deliver to the clerk of each 
county and the license collector of the city of St. 
Louis, as soon as this article goes into effect, and 
at least ten days before the first day of January of 
each year thereafter, as many licenses as may be 
required, and shall charge said clerk and collector 
with the number so issued to him. On the fifteenth 
day of December of each year, and within ten days 
thereafter, each county clerk and collector of St. 
Louis shall return to the state game and fish com- 
missioner all unused licenses and unused stubs of 
the licenses issued, with a report of the number of 
licenses issued, amount of money received, amount 
retained by him, and the amount paid over to the 
state treasurer for hunting licenses issued. (Laws 
1909, p. 519.) 

Sec. 6584. Schedule of game and open dates on 
back of license — licensee shall report to commis- 
sioner. — On the back of each hunting license the 
state game and fish commissioner shall cause to be 
printed a table showing the names of birds and ani- 
mals that may be killed, together with a list of days; 
and the holder of such license shall set down in the 
proper place the number and name of each kind of 



32 



bird or animal killed, and return such license, with 
such table properly filled, to the state game and fish 
commissioner. (Laws 1909, p. 519.) 

Sec. 6585. "Game protection fund," availability 
and restrictions.— All moneys sent to the state treas- 
urer in paj'ment of hunting licenses, other licenses, 
penalties and forfeitures shall be set aside by the 
state treasurer and shall constitute a fund known 
as the "game protection fund," for the payment of 
salary of the state game and fish commissioner and 
his necessary expenses; for the payment of deputy 
game and fish commissioners and their necessary 
expenses; also, the buying, shipping, keeping, prop- 
agating and preserving of game. The liability of 
the state for per diem, salaries and expenses of 
deputy game commissioners appointed under this ar- 
ticle or otherwise, and for all other services and ex- 
penses incurred for any purpose or in consequence 
of this article, shall be limited to the amount of 
moneys in the game protection fund, and in no event 
shall the state pay an}' such salaries or expenses, 
or be liable in any way therefor, except to the ex- 
tent of such game protection fund, any contract, 
express or implied, of the state game and fish com- 
missioner to the contrary notwithstanding. And 
said state game and fish commissioner shall not is- 
sue any voucher, nor shall the state auditor approve 
any voucher if issued by the state game and fish 
commissioner under the provisions of this article, 
or otherwise, for any such per diem, salary, serv- 
ices or other expenses of any kind, unless the money 
to pay such voucher shall at the time be on hand to 
pay the same. (Laws 1909, p. 519.) 

Similar provisions in tlie act of 1905, p. 158. for dis- 
position of "fines, penalties, forfeitures" were lield uncon- 
stitutional, and the prosecutions and penalties held to be 
criminal. State ex rel. v. AA'arner, 197 Mo. 650. 

Sec. 6586. Trials, duty to report fines. — It shall 
be the duty of every justice of the peace, magis- 
trate or clerk of the court before whom anj' prose- 
cution under this article is commenced, or shall go 
on appeal, and within twenty days after the trial or 
dismissal thereof, to report in writing the result 
thereof, and the amotmt of fine collected, if any, to 
the state game and fish commissioner. (Laws 1909, 
P- 519.) 

Sec. 6587. Penalties collected, how disposed of. 



33 



^loneys collected from penalties or forfeitures un- 
der this article, belonging to the game protective 
fund, shall be paid over by the oflficer authorized 
to collect said money to the state treasurer on or 
before the first day of each month. (Laws 1909, p. 
519.) 

Sec. 6588. State treasurer to make monthly re- 
port to commissioner. — The state treasurer shall re- 
port on the first day of each month to the state 
game and fish commissioner the exact amount of 
money in the game protection fund. (Laws 1909, p. 
SI9-) 

Sec. 6589. Shipping, owner to accompany game 
— penalty. — It is unlawful and is prohibited for anj' 
person who has lawfully killed the same in this 
state to take, ship or transport out of this state, or 
ship or transport within the state, any of the birds 
or game protected by the laws of this state, unless 
the same shall be in personal possession of or car- 
ried openly as baggage or express by the owner 
thereof, and such owner shall have in his (or her) 
possession at the time a nonresident or resident li- 
cense duly issued to him (or her) under the pro- 
visions of law, and shall accompany the said birds 
or game on the same train or other conveyance of 
the common carrier. Any person who shall violate 
any of the provisions of this section shall be pun- 
ished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars. (Laws 1909, 
P- 519.) 

No hunter can lawfully ship s'anie unless he has a 
license. Ex parte Helton, 117 A. 6 OIL 

Sec. 6590. Transportation company must inquire 
for license before shipping. — Any person, company, 
corporation or common carrier, before shipping or 
transporting any animals or birds, must ascertain if 
any person offering for shipment such birds or game 
is in possession of a hunter's license duly issued to 
him (or her) and covering the period when such 
shipment is offered. Such birds or game may be 
shipped or transported, provided it is accompanied 
by the shipper from place of shipment to 'destina- 
tion, if within the state, and to state line, if without 
this state. No transportation company or common 
carrier shall receive for transportation or transport 
any of the birds or game protected by this article 
unless the same shall be received for transportation, 



34 



carried and delivered pursuant to the provisions of 
this article, and shall only be received for shipment, 
carried or delivered during the season or time 
which the laws of this state shall fix as the open 
season for transportation of such birds or game. 
Any person, corporation, company or common car- 
rier violating any of the provisions of this article 
shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall be punished by a fine of 
not less than fifty dollars nor more than one hun- 
dred dollars. (Laws 1909, p. 519-) 

No person can receive for shipment, and no carrier 
can carry, game unless lawfully killed. The only evidence 
required that the game has been lawfully killed is that the 
person having the game and offering it for shipment has a 
license issued to him. Ex parte Helton, 117 A. 609; State 
v. Koock, 202 Mo. 2 2.3. 

Sec. 6591. Providing for the shipment and sale 
of deer and elk. — To encourage raising deer and elk 
in this state in captivity, nothing in this act shall 
be construed to prevent the shipment or sale of deer 
or elk, alive, or dead, from preserves when such deer 
or elk are raised in captivity, such shipments or 
sales to be made in a manner pre;scribed by the state 
game and fish commissioner. (New section.) 

Approved March 27, 191 1. 

An act to amend article 8, chapter 36, of the Re- 
vised Statutes of Missouri of 1909, entitled "Crimes 
and punishments," and relating to miscellaneous of- 
fenses, by adding thereto a new section, to be known 
as section 4893a. 
Be it enacted bj' the general assembly of the state 

of Missouri, as follows: 

Section i. That article 8 of chapter 36 of the 
Revised Statutes of Missouri of 1909, be and the 
same is hereby amended by adding thereto a new 
section to be known as section 4893a, which shall 
read as follows: 

Section 4893a. Every person who shall be found 
hunting, with gun or dog, upon the enclosed, im- 
proved or cultivated lands of another, or shall enter 
the same to catch or kill game of any kind, without 
the consent of the owner or person in charge of 
such lands, shall, on complaint of such owner or 
person in charge of such lands, and upon conviction 
therefor, be fined not exceeding ten dollars. 

Approved March 27, 191 1. 

V 



LIBRARY OF CONGRESS 



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